Legal Opinion
Mayer v. Temple Properties Inc.
New York Court of Appeals
Decided November 18, 1954PublishedCited by 58 opinions
1Opinion of the CourtFroessel, J.
Frank Mayer, a lad of twelve years, came to his death by falling into an opening, 55 feet deep, in a platform at the rear of premises owned by one of the defendants, and used in common by both. His father sues here as his administrator.
The platform in question abuts a 10-foot passageway in the rear of defendants’ properties, which face on the west side of Broadway between 173rd and 174th Streets, New York City. The passageway runs the length of the block — 200 feet — and the middle 100 feet thereof are bounded by two wire mesh gates at the north and south ends, the aforesaid platform and…
2Cases cited17 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Collentine v. City of New YorkNew York Court of Appeals · 1938
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
12 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- O'Connor v. G&R Packing Co.New York Court of Appeals · 1981
- Lyshak v. City of DetroitMichigan Supreme Court · 1957
- Fenton v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
53 more not listed; retrieve them via the Exa API.